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Federal Circuit Adopts Broad Standing in Set-Aside Challenge

Client Alert | less than 1 min read | 09.04.15

In Tinton Falls Lodging Realty, LLC v. U.S. (Sept. 2, 2015), the Federal Circuit on review of a set-aside contract upheld a small-business determination concerning the awardee when challenged by a large business hoping to compete for the work. Of more general interest was Judge Chen's ruling upholding the large business's standing to pursue the protest, as, if it had been successful on the merits, no small businesses would have submitted qualifying offers and the agency might have reprocured on an unrestricted basis.


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Client Alert | 5 min read | 04.01.26

OPO Hospital Waiver Litigation: Trends and Takeaways

Despite facing existential challenges in several federal courts, the performance metrics established by the Centers for Medicare and Medicaid Services’ (CMS) 2020 Final Rule for organ procurement organizations (OPO) appear to be, at least for now, withstanding scrutiny in litigation proceedings.  ...